Monday , January 18 2021

Only "murmur" is a crime of rape? | You read

How PLO reported that in connection with the suicide case of the Duong River suicide, Tahan Tang (Buck Ninh) police is holding a criminal detention order for Wu Van Hugh (24 years old, residing in Nguo Thaan, Than Tang Province)) to investigate behavior of rape.

Wu Van Heee (a small photo) in the investigative agency and the girls' area of ​​the 12th grade jumped into the Duong River to commit suicide.

In the investigation agency, Hieu said that after going to the club, young men took girls from the 12th grade to the rest of their homes. Here, Hieu fumbled for the purpose of sexual intercourse, but was resisted by the victim and stopped.

According to a friend of the girl, before the suicide, the victim sent many people, saying that he was forced to jump.

Some readers wonder: If it is true that Hue's testimony was merely touching a girl, would this young man be solved by the behavior of rape? Or in the case of Hieu maltreatment, a female student is a suicide because of suicide, how will this young man be responsible?

The lawyer (LS) Nguyen Anh Tham, a youth union of Hanoi City, said that in order to answer the above questions, one of the most important grounds is the results of a forensic examination of specialized agencies for the corpse of a school girl

"The incident happened in a situation of only two people and the victim died, this is the key to clarifying the case," said LS. Tom.

More specifically, if the assessment shows that there is a genital injury that is consistent with the time of sexual intercourse or male spermatozoa and the DNA samples of the suspect, this is a tangible proof that proves that or not behavioral sex

From another perspective, rape is a crime that represents a form, a crime committed by the time of the act of sexual intercourse, so there is no need to base it or not.

The initial testimony of the suspect admitted that there was no sex, but used force (or used the victim of drunkenness) to touch the victim to commit adverse sexual intercourse, so there were signs of a crime rape.

"The suspect could not cope with the cause of unintentional reasons for female resistance, it is a crime that has not yet been achieved and is subject to criminal responsibility for rape," Mr Tom said.

In particular, if the investigating authority has a certain basis after the female rape leads to a psychological panic and jumps to suicide, the suspect will be responsible for the death of the victim, according to the circumstances. frame for worsening of rape, the highest penalty frame for life imprisonment.

However, in order to deal with the above, the investigative agency should prove the causal link between victimization and sexual abuse. The cause of the death of the victim is due to psychological panic after being forced.

Article 15. Initiation of offenses that have not yet been achieved

Execution of the crime without the intention of committing the crime, but failed to make it to the end due to unintended reasons for the perpetrator.

Criminals who have not yet experienced criminal responsibility for not yet committed crimes.

Article 141. Crime of rape

1. Persons who use force, threaten to use force or abuse the unreliable status of the victim or other means of sexual intercourse, or to carry out other sexual acts against the will of the victim, shall be punished with imprisonment of 2 to 7 years.

3. The perpetration of the crime in one of the following circumstances, the perpetrators shall be punished with imprisonment from 12 years to 20 years or life imprisonment:

a) causing injury or damage to the health of the victim with a body injury rate of 61% or higher;

b) Knowing that you are infected with HIV and still commit a crime;

c) causing mental disorders and acts of victims 46% or more;

d) causing death or suicide.

Excerpt from the Criminal Code

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